Legal Question in Family Law in California

yes have little situation my wife and i have a 15 yr son for the last month or so he has been living with my mom , the reason is we moved into an rv park a few months ago only temperary and my son didnt really want to come with us because of what we would be giving up (cable tv ,internet, xbox online..etc so we ask my mom if he could stay just awhile which was no problem for her. now the sad part my mom died 3 days ago . so doing the family thing called my sister and ask them to come down mom is not doing well, then that day she past away, now that there here for out of state staying at my moms wont take my wife or my calls we've called the police they didn't do a thing. we want are son to come back to live with spite all fun thing like cable tv internet.. etc well always have had full custody. they wont give him back over to us.PLEASE!! where can i start to do this right legally?


Asked on 9/08/12, 2:17 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

This is a difficult situation for you. Your son is 15 and therefore forcing him to come home is unlikely to be successful. Years ago I had a client with a similar situation. In that case we prepared a writ of habeas corpus. This was submitted to the court and a order was issued for the sheriff to bring the the child before the court. This allowed the parents to meet with the child and work out their differences with a counselor. The child agreed to go back home with the parents. You should try to work out an agreement with your child. If the aunt and uncle continue to refuse to allow you to talk with your child you should consult with an attorney about your options.

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Answered on 9/10/12, 9:58 pm


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